04/04/1995 02:05 PM House HES

 SB 27 - MISC. GRANDPARENT VISITATION RIGHTS                               
                                                                               
 Number 1203                                                                   
                                                                               
 JAMES ARMSTRONG, Legislative Researcher for Senator Donley, said SB
 would give grandparents the legal status to petition the court             
 for visitation rights with their grandchildren.  Under existing               
 law, the court can grant an order that provides for visitation by             
 grandparents in divorce and separation proceedings, and in cases              
 when one or both of the parents have died.  Grandparents themselves           
 are not allowed to initiate such an action.                                   
                                                                               
 MR. ARMSTRONG explained that SB 27 would give grandparents the                
 standing to ask for visitation rights if those rights were denied             
 or not initially provided for by the court.  SB 27 does not require           
 that visitation rights be given, it is completely up to the                   
 discretion of the judge.  The best interest of the child would be             
 the primary factor for granting such rights.                                  
                                                                               
 MR. ARMSTRONG said to his knowledge, Alaska is the only state in              
 the Union that does not currently allow grandparents to make such             
 petitions.  This bill has a zero fiscal note, and the Senator's               
 office has heard of no opposition to this bill.                               
                                                                               
 Number 1272                                                                   
                                                                               
 CO-CHAIR TOOHEY knows of grandparents who, because of current law,            
 are not allowed to petition the courts for visitation rights.                 
 Therefore, there is no contact with the child at all.                         
                                                                               
 MR. ARMSTRONG said there is reference in statute, AS 25.24.150, in            
 which the court can currently grant the action.  However, if that             
 grant is not provided for, the grandparents have no recourse with             
 which to visit their grandchildren.  This bill will allow them to             
 petition the court.                                                           
                                                                               
 MR. ARMSTRONG said Section 1 addresses other custody disputes.                
 Section 2 is a general provision clause, as is found in other                 
 states.  This does not put any parameters on when the grandparents            
 can petition.  Section 3 of the bill deals with dissolutions.                 
 Sections 1 and 3 provide consistency with existing laws.  Section             
 2 gives grandparents the right to petition.                                   
                                                                               
 CO-CHAIR BUNDE said there was a similar House bill in the HESS                
 Committee that was scheduled to be heard the following week.  The             
 sponsor of the bill, Representative Willis, was present, and Co-              
 Chair Bunde asked if Representative Willis would like to make any             
 comments.                                                                     
                                                                               
 Number 1350                                                                   
                                                                               
 REPRESENTATIVE ED WILLIS confirmed that he does have similar                  
 legislation, however, he would urge the committee to act on SB 27             
 to get it moving.  He is speaking not only as a legislator, but as            
 a grandparent.  As was pointed out, this bill did pass the Senate             
 last year, and died at the end of the last session.  He urged HESS            
 Committee members to pass SB 27.                                              
                                                                               
 Number 1400                                                                   
                                                                               
 REPRESENTATIVE CAREN ROBINSON asked Mr. Armstrong about the wording           
 concerning grandparents "and other persons."  She asked if he would           
 speak on who would be included in that phrase.                                
                                                                               
 MR. ARMSTRONG said "other persons," according to the drafter, is              
 mentioned in AS 25.24.150, which provides for the court to grant a            
 visitation petition to grandparents.  The drafter of the bill said            
 this language would keep SB 27 consistent with current statute.  It           
 would apply to aunts, uncles, cousins.                                        
                                                                               
 CO-CHAIR BUNDE said the only hesitation he has with this bill                 
 concerns horror stories he has read about in the newspapers where             
 grandparents and their adult children are estranged.  Therefore,              
 the grandchildren become pawns in the acrimonious battle between              
 adult children and the grandparents.  He assumed, whether it was              
 fair or not, the parent will probably always prevail for custody of           
 the child.                                                                    
                                                                               
 Number 1487                                                                   
                                                                               
 CO-CHAIR BUNDE asked Mr. Armstrong if children are adequately                 
 protected from being "pawns" in a battle between adults.                      
                                                                               
 MR. ARMSTRONG said that is completely up to the discretion of the             
 judge.  The primary factor is the best interest of the child.                 
 This bill does not force the judge to grant visitation.  However,             
 if the grandparents feel they have a right to interact with their             
 grandchildren, they have the right to petition.  Grandparents can             
 petition, but the judge can deny that petition if he or she feels             
 it is in the best interest of the child.                                      
                                                                               
 Number 1517                                                                   
                                                                               
 CO-CHAIR TOOHEY expressed concern about the stories she has heard             
 about horrible grandparents.  She confirmed that the decision was             
 up to the judge's discretion.                                                 
                                                                               
 Number 1553                                                                   
                                                                               
 REPRESENTATIVE TOM BRICE moved SB 27 to the next committee of                 
 referral with individual recommendations and accompanying fiscal              
 notes.  There were no objections, and the bill passed.